Property dispute sheds light on zoning issue

It impacts your property, land adjacent to your home and your roads. And it has recently riled up homeowners living in a Kings Mountain neighborhood.

Zoning.

A property owner and some residents of the West End Neighborhood Association have struggled for months to agree on one property’s future. Amazing Kids Daycare is on the property in question, 813 W. Mountain St.

The property is currently zoned residential. The classification allows for development of homes and even small in-home businesses, according to Steve Killian, director of planning and economic development for the City of Kings Mountain.

The property owner, David Faunce, recently asked Kings Mountain City Council to approve rezoning the site for a conditional use office permit.

“The plan before you this evening would have severe detrimental impact on the neighborhood if you approve this permit,” Helen Hatch, a neighborhood resident, told the council after the presentation. “Kids next door to this property playing baseball would be less than 20 feet away from this property.”

Hatch wasn’t the only resident who spoke against Faunce’s proposal to rezone the property for business or commercial use.

“I see it as a business corner,” Faunce said.

But it’s still unclear what type of business he wants to operate on the property because it’s unknown what type of zoning permit the city will approve.

Common topic

Kings Mountain can see as many as 16 rezoning cases per year, Killian said. In 2012, Shelby approved six property rezones, according to City of Shelby Planning Director Walt Scharer.

Zoning entails many specifics. Some include a property’s function, an entrance and exit for cars and landscaping. State law requires municipalities to hold a public hearing on any zoning case.

Melvin Ware, who lives in Blacksburg, S.C., co-owns a home adjacent to the day care in Kings Mountain.

“Depending on what he puts there, it could hurt our property values. Who wants to buy a home with a business sitting right in front of it?” Ware asked.

The property sits on three fronts: Phifer Road, West Mountain and King streets. The National Register of Historic Places recognizes a portion of West Mountain Street.

“I haven’t received phone calls about this property because it’s been perceived to be difficult to pursue,” Faunce said. “(Residents) feel the whole street should stay residential, including my piece of property.”

What does zoning involve?

Planning and zoning boards review zoning cases first. Then city councils vote on an issue, and the decision doesn’t have to mirror the board’s suggestion of an approval or denial.

“But the council needs to recognize what the planning and zoning board did,” Scharer said.

Page 2 of 3 - At first, Faunce asked for a commercial rezone. Then, he asked for a conditional use office permit, allowing only for a select set of uses such as an office for a doctor, certified public accountant or real estate.

Still, the proposed new building’s height and width raised questions with some residents. The building’s original structure included 8,000 square feet for a two-story building. Faunce said he trimmed measurements to accommodate a one-story building with no more than 6,500 square feet of space.

“That’s why we’re butting heads,” Faunce said.

Faunce, residents and city staff have met several times since March to find a common ground.

“It’s the city’s goal to make sure rezoning is safe and cost-efficient with land uses to benefit residents. Zoning is one of the tools that make land uses connect with infrastructure such as rail, gas water and electricity,” Killian said.

Resolution in sight?

Shelby City Council approved a conditional use permit two years ago similar to one on the table for Faunce in Kings Mountain. The matter involved a building partially occupied by Fisherman’s Feast on East Marion Street.

“They wanted the ability to lease out more parts of the building for other uses,” Scharer said. “(The permit) has a limited number of uses, such as a beauty shop, barbershop and medical office.”

Faunce wants the same type of permit approved. The city of Kings Mountain planning and zoning board voted 4-2 on the permit request before the council’s March meeting. But city council members decided to review the issue at a later date after listening to resident concerns.

“We’re being very cautious on what we would allow here,” Ware said. “We just want to protect a quiet residential street.”

Scharer said zoning can change roads and property uses, whether a resident lives next to or adjacent from the location in question. It involves more than grouping land parcels into certain zones. It’s an outlook of what cities aim to achieve in the coming years with developments involving houses, businesses and industries.

“If you see a zoning sign, please call. Find out how it affects you. We’re here to share that information,” Scharer said.

Faunce said he doesn’t know what else could be changed on the property to obtain the permit. Other property issues included future hours of operation.

“I’ve eliminated a lot of uses for this property such as an Urgent Care. I don’t think they really want business on that corner,” he said.

Kings Mountain Mayor Rick Murphrey said city council members plan to hear an update on the case this month. Kings Mountain’s council meets Tuesday.

Page 3 of 3 - Ware said he’s unsure if anything would be agreed on that soon.

What is zoning?

A means of land-use control, dividing communities into districts. Each district has land-use rules it must follow, such as types of buildings.

Zoning categories include:

Who’s involved in the zoning process?

What does zoning determine?

The location of homes, restaurants, businesses and industries. Some areas are strictly neighborhoods, while others mix business and homes within just a few feet of each other.

Neighboring properties, sidewalk placements, current zone regulations and whether a land parcel is inside a recognized historic district can factor into approving or denying a suggested rezoning.